Carmel Cacopardo

On Tuesday 15 July I received by electronic mail a copy of the decision of the Commissioner for Standards in Public Life relative to a complaint I had submitted on the 8 January 2025. My complaint dealt with the appointment of Johann Buttigieg as Executive Chairperson of the Planning Authority.

The decision makes interesting reading, even though I do not agree with its formal conclusions, especially when considering what it implies. In his own style Commissioner Azzopardi drives home, loud and clear, that our institutions, which we expect to defend us, are instead dangerously exposed to being captured. Most probably this is not news, as every Tom, Dick and Harry is well aware of what and whom we are dealing with. That this is being underlined by the Commissioner for Standards in Public Life should be seen as a severe warning.

The point at issue is what is known as revolving-door recruitment, the worst form of lobbying. Possibly it is also the most effective. This type of recruitment can occur either when the lobbyist directly recruits employees of the regulator or else when the regulator seeks to recruit its staff from those active in the sector that it is currently regulating.

Commissioner Azzopardi explains that the Public Administration Act, already, through its section 4, addresses issues of revolving-door recruitment of public officers into the private sector. This provision is also applicable to public agencies and authorities through Directive 14.1 which was issued by the Principal Permanent Secretary some years back.

The alternative route for revolving-door recruitment, that is to say the recruitment of persons into the public sector to lead or administer the specific sector which they are lobbying for or active in, is so far unaddressed.

It is for this specific reason that I pointed out for the Commissioner’s attention that he had substantial elbow room to act as section 13(2) of the Standards in Public Life Act clearly defines “ethical duty” as going beyond the Code of Ethics. In simple language the ethical responsibilities regulated go much beyond what is written in rules and regulations. Strictly speaking the unwritten code of ethics is more voluminous than the written one.

This is the spirit of the law which was enacted to create a framework regulating Standards in Public Life. The Commissioner has, as should be, substantial elbow room to act. Unfortunately, he has opted to take a narrow view of his duties and to restrict himself only to that which is written black on white. Essentially this is what the Commissioner states. I respect this view even though I think that it goes against the spirit of the legislation which sets up his office.

The Commissioner is aware of all this as he spells it out in apologetic language. Subsequently, however, he tries to compensate by pointing out that his office, when run by his predecessor, had carried out a public consultation exercise in respect of a set of OECD proposals on the regulation of lobbying in Malta.

When these recommendations are implemented, the Commissioner said, there would be a reduced risk of “state capture” as a result of which interests which should be regulated by the state end up assuming a considerable influence on the state itself. The resulting proposals, which to date have not been acted upon, are, in the present circumstances more urgent than ever, the Commissioner emphasised.

Reading through the whole report of the Commissioner for Standards in Public Life, the inevitable conclusion is very clear to me. The recruitment of Johann Buttigieg as Executive Chairperson of the Planning Authority was not appropriate, but nothing can be done about it as the Standards in Public Life Act is not up to standard. The capturing of state institutions is so far permissible.

Carmel Cacopardo, Deputy Chairperson ADPD-The Green Party

first published in The Malta Independent on Sunday: 20 July 2025